Anil Sagar Alias Lalit and 2 Others vs State of U.P. and… — Dowry and Cruelty | Allahabad HC (2025)

Anil Sagar Alias Lalit and 2 Others vs State of U.P. and… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application disposed of (not quashed at this stage) with directions: (i) applicants to file the original deed of compromise before the court below within 15 days; (ii) court below to verify the compromise after summoning the parties within the next two months; (iii) no coercive action against the applicants for two and a half months; (iv) liberty to file a fresh application u/s 482 Cr.P.C./528 B.N.S.S. on the basis of the verified compromise.

Issue for consideration

Whether the entire criminal proceedings of Complaint Case No. 143793 of 2022 and the impugned summoning order dated 16.09.2022 ought to be quashed on the basis that the purely matrimonial dispute between the parties has been settled amicably, as evidenced by the written compromise dated 16.12.2024 and the mutual-consent divorce granted on 23.11.2024. +1 more

Court's answer

Considering the learned A.G.A.'s submission that the compromise dated 16.12.2024 was yet to be verified by the court below, the Court did not quash the proceedings forthwith but disposed of the application with a direction to the applicants to file the original deed of compromise before the court below within a period of 15 days.

Ratio / Principle

If the compromise is filed within the aforesaid time, the court below will verify the same after summoning the parties within a period of next two months.

Key takeaways

For a period of two and half months, no coercive action shall be taken against the applicants.ratio¶7
The parties were left at liberty to file a fresh application u/s 482 Cr.P.C./528 B.N.S.S., if required, to quash the impugned proceeding on the basis of the verified compromise.ratio¶8

Detailed headnote1 paragraphs

Allahabad High Court (Arun Kumar Singh Deshwal, J., Order Date 27.1.2025; Neutral Citation 2025:AHC:14099) in Application U/S 482 No. 2816 of 2025 - Anil Sagar alias Lalit and 2 others v. State of U.P. and another. The applicants sought quashing of the entire criminal proceedings of Complaint Case No. 143793 of 2022 (Niharika @ Krishna v. Anil Sagar @ Lalit and others) under Sections 498-A, 323, 504 I.P.C. and Section 3/4 of D.P. Act, P.S. Kakadev, District Kanpur Nagar, and of the impugned summoning order dated 16.09.2022 passed by the court of Metropolitan Magistrate-II, Kanpur Nagar, on the ground that the purely matrimonial dispute had been settled amicably by a written compromise dated 16.12.2024 (copy annexed at page 38) and that divorce had already been granted on mutual consent on 23.11.2024 upon an application u/s 13-B of the Hindu Marriage Act. The learned A.G.A. objected that the compromise was yet to be verified by the court below and that, unless verified, the proceedings could not be quashed. Accepting this, the Court disposed of the application, directing the applicants to file the original deed of compromise before the court below within 15 days; on such filing, the court below was to verify the compromise after summoning the parties within the next two months. For a period of two and a half months no coercive action was to be taken against the applicants, and the parties were left at liberty to file a fresh application u/s 482 Cr.P.C./528 B.N.S.S., if required, to quash the impugned proceeding on the basis of the verified compromise.

Neutral Citation No. - 2025:AHC:14099

Court No. - 77

Case :- APPLICATION U/S 482 No. - 2816 of 2025

Applicant :- Anil Sagar Alias Lalit And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Praveen Kumar Counsel for Opposite Party :- G.A.

Hon'ble Arun Kumar Singh Deshwal,J.

Vakalatnama filed by Sri Ankit Tiwari on behalf of opposite party no. 2 is taken on record.

Heard Sri Praveen Kumar, learned counsel for the applicants, Sri Sri Ankit Tiwari, learned counsel for the opposite party no. 2 and Sri Brijesh Kumar Dwivedi, learned A.G.A. for the State.

The present 482 Cr.P.C. application has been filed to quash/set-aside the entire criminal proceedings of Complaint Case No. 143793 of 2022 (Niharika @ Krishna Vs. Anil Sagar @ Lalit and others) under Sections- 498-A, 323, 504 I.P.C. and Section 3/4 of D.P. Act, Police StationKakadev, District- Kanpur Nagar as well as impugned summoning order dated 16.09.2022 passed by the court of Metropolitan Magistrate- II, Kanpur Nagar.

Contention of learned counsel for the applicants is that dispute between the parties is purely matrimonial in nature, now they have settled their dispute amicably and a written compromise dated 16.12.2024 has also been entered into between the parties and copy of the same has been annexed at page no. 38 to this application. It is next submitted that on the basis of the aforesaid compromise, impugned proceeding may be quashed. It is further submitted that both the parties have filed

application u/s 13-B of Hindu Marriage Act and divorce was also granted on the basis of mutual consent on 23.11.2024.

However, learned A.G.A. pointed out that the aforesaid compromise is yet to be verified by the court below. Unless the compromise is verified, the proceedings cannot be quashed.

Considering the aforesaid submission, the present application is disposed of with a direction to the applicants to file original deed of compromise before the court below within a period of 15 days. In case, such compromise is filed in the aforesaid time, the court below will verify the same after summoning the parties within a period of next two months.

It is further provided that for a period of two and half months, no coercive action shall be taken against the applicants.

It is further provided that parties are at liberty to file fresh application u/s 482 Cr.P.C./528 B.N.S.S. if required to quash the impugned proceeding on the basis of verified compromise.

Order Date :- 27.1.2025 KS

Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad